Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court
10 months, 2 weeks ago

Duty Of Labour Commissioner To Refer Application For Maternity Benefits To Inspector Even If Erroneously Submitted: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that even if the application for maternity benefits was erroneously submitted by an employee before the Labour Commissioner, it is the duty of the Commissioner to refer the same to the Inspector as provided under Section 17 of the Maternity Benefit Act, 1961 Brief Facts: The Petitioner, employed as an Assistant Manager with Yutika Natural Pvt. Contrary to the expected referral to the Inspector as outlined in Section 14, the Labour Commissioner instead referred the matter under Section 10 of the Act of 1947, treating the Petitioner's complaint as an industrial dispute. The High Court held that even if the Petitioner mistakenly submitted her application for maternity benefits before the Labour Commissioner, it was incumbent upon the Commissioner to refer the matter to the Inspector as mandated under Section 17 of the Act of 1961. Therefore, the case was remanded back to the Labour Commissioner with instructions to refer the matter to the Inspector as prescribed under Section 17 of the Act of 1961.

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History of this topic

Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court
10 months, 2 weeks ago

Assistant Labour Commissioner Not Competent To Decide Complaint Filed By Inspector Under Minimum Wages Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Gurpal Singh Ahluwalia held that the Assistant Labour Commissioner is not a competent authority to decide the claims arising out of payment of less than the minimum rates of wages under the Minimum Wages Act, 1948. The High Court noted that Section 20 of the Minimum Wages Act gives the relevant …

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
10 months, 2 weeks ago

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. In considering the legality of dismissing a …

Ad-Hoc Employee Entitled To Maternity Benefits Beyond The Term Of Contract For Pregnancy During Contractual Period : Delhi High Court
3 years ago

Ad-Hoc Employee Entitled To Maternity Benefits Beyond The Term Of Contract For Pregnancy During Contractual Period : Delhi High Court

Live Law  

In a significant judgment that can come to the aid of women who are employed on contractual basis, the Delhi High Court has held that an ad-hoc employee will be entitled to maternity benefits under the Maternity Benefits Act, 1961, beyond the period of the contract, for a pregnancy occurring during the tenure of the employment.Since the object of the …

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department
3 years, 7 months ago

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department

News 18  

The Madhya Pradesh High Court has directed the public health engineering department of the state to provide maternity leave benefit to a contractual woman employee. In its order passed on Thursday, a single bench of Justice Vishal Dhagat said, “In view of the circular of the state government, I do not see any reason not to extend the similar benefit …

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother
4 years, 1 month ago

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother

Live Law  

The Karnataka High Court recently quashed a notice issued by the Directorate of Municipal Administration by which it terminated the services of a woman employed on contract basis, after rejecting her application seeking maternity leave. The Court noted that after the 2017 amendment to the Maternity Benefit Act, a pregnant woman is entitled to maternity leave for a period 26 …

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]
7 years, 2 months ago

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Chief Secretary of the state government to issue directions to all concerned to ensure that women employees get child care leave.The court took a tough view on a petition filed by a woman employee seeking direction to the authorities to grant her child care leave.Issuing directives to the Chief Secretary of the …

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]
7 years, 2 months ago

Ensure Women Employees Get Child Care Leave: MP HC Asks State [Read Order]

Live Law  

The Madhya Pradesh High Court has directed the Chief Secretary of the state government to issue directions to all concerned to ensure that women employees get child care leave.The court took a tough view on a petition filed by a woman employee seeking direction to the authorities to grant her child care leave.Issuing directives to the Chief Secretary of the …

Contractual Workers Also Entitled To Benefits Under The Maternity Benefits Act: MP HC [Read Order]
7 years, 10 months ago

Contractual Workers Also Entitled To Benefits Under The Maternity Benefits Act: MP HC [Read Order]

Live Law  

The Madhya Pradesh High Court, in the case of Smt. Archana Pandey vs The State Of Madhya Pradesh, held that maternity leave should be granted to contractual employees, at par with regular employees.In the present case, the state was denying maternity leave relying on the Contract of Appointment which stated that maternity leave can be granted to contractual workers only …

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